beta
(영문) 서울북부지방법원 2020.02.06 2019고단3506

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The same month from March 8, 2019 to the effect that the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Act on Promotion, etc.") and the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (obscenity)

9. 08:47경까지 사이에 서울 성북구 B아파트 C호에 있는 피고인의 집에서, 여자친구인 피해자 D(여, 37세)가 E를 만나고 있다는 이유로 화가 나 피고인의 휴대폰(갤럭시노트 9)을 이용하여 F 메신저를 통해 위 E에게 피해자의 나체 사진과 “당신 여자친구 똥꼬에 섹스는 해보셨는지”, “입에 정액은 사정해 보셨는지”, “ (피해자)가 내 자지 빠는 영상을 찍어뒀었는데 지웠나봐 그걸 보냈어야 했는데”라는 문자메시지를 전송하였다.

Accordingly, the Defendant provided the victim’s b body pictures to E against the victim’s will, while distributing obscene images via the information and communications network.

2. Around 09:55 on March 9, 2019, the Defendant subscribed to the “H” account with access to the said place and the G, and posted a victim’s bridge photograph.

Accordingly, the defendant displayed the victim's b body photographs openly against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each complaint filed in Category D and E;

1. Investigation report (to hear statements by a complainant);

1. Data submitted by complainant D (the photo of complainants who have been disclosed to G as a whole by the suspect);

1. Materials submitted by the complainant E (the text messages and F sent by the suspect to the complainant E) shall be governed by the statute;

1. Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (referring to the distribution of obscene materials), sexual crimes;